ERIC Releases Priority Areas for Retirement, Health Benefit Regulations

The organization representing employment benefit leaders seeks clarity for a number of items in the SECURE 2.0 Act.

The ERISA Industry Committee, a national trade group representing corporate benefit leaders has weighed in on key priority areas for coming years, including initiatives from the SECURE 2.0 Act of 2022 in retirement savings, such as student loan matching contributions and clarity on automatic enrollment mandates.

James Gelfand, president and CEO of ERIC, on Thursday released a letter on behalf of large employer member companies regarding Notice 2024-28 that guides priorities for the U.S. Department of the Treasury and Internal Revenue Service. The letter included agenda items focused on clarification and guidance on benefit health issues, such as health savings accounts and high-deductible health plans and retirement and compensation benefit issues.

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“In the case of each of these recommendations, and pursuant to Notice 2024-28, ERIC believes that the guidance requested above would resolve issues affecting broad classes of taxpayers, including employee benefit plans, plan sponsors, and plan participants,” Gelfand stated in the letter. “The recommended guidance would address several unanswered questions and also reduce burdens.”

The focus areas and recommendations pertaining to retirement savings include:

Matching Contributions for Student Loan Payments and Other Contributions

Section 110 of the SECURE 2.0 Act allows employers to match employee student loan payments, which ERIC would like to encourage companies to offer. To that end, it calls on the Treasury and IRS to clarify “reasonable procedures” for employees to claim the match and address the certification of loan payments to prevent fraud. Additionally, it called on regulators to consider extending matching contributions to other tax-preferred accounts like Section 529 plans or HSAs.

Catch-up Contributions

Beginning on January 1, 2026, individuals earning over $145,000 annually can only make catch-up contributions on a Roth basis as per SECURE 2.0. ERIC noted that it had submitted detailed comments in October 2023 ahead of the initial earlier deadline of 2024, which sought clarification on various aspects including the flexibility of plan sponsors regarding catch-up contributions. They also inquired about the voluntary nature of SECURE 2.0 catch-up limit increases for plans. ERIC is seeking additional guidance on non-discrimination rules, treatment of new hires, and the “mechanics of participant deferrals.”

Clarify the Automatic Enrollment Mandate Exemption for Existing Plans

SECURE 2.0 mandates certain employer plans adopt automatic enrollment from 2025, exempting existing “grandfathered” plans, ERIC notes. IRS Notice 2024-2 clarified that a plan is established upon initial adoption of terms. However, ERIC is seeking further clarification to confirm that plan changes, except for mergers or spinoffs, don’t trigger the mandate. Additionally, in multiple employer plans, ERIC believes the IRS should specify that a pre-enactment plan merged into a post-enactment multi-employer plan retains its pre-enactment status.

Optional Roth Match

SECURE 2.0 allows employers to enable employees to request Roth-based matching contributions. Notice 2024-2 clarified that offering Roth features doesn’t mandate all Roth contribution types. However, for plans with Roth matching or nonelective contributions, ERIC calls on the IRS to confirm the feasibility of “partial Roth” elections. It also calls on them to allow Roth treatment as the default for matching and nonelective contributions, regardless of vesting status. ERIC believes limiting Roth options to fully vested participants contradicts the statute’s nonforfeitable requirement for Roth contributions, without indicating such limitations in statutory language, and calls for clarity.

The letter goes on to seek clarity in several other benefit areas, limiting unneeded notice and disclosures to participants, clarifying long-term part-time eligibility rule changes, and increasing flexibility around employees using high-deductible health plans and health savings accounts.

The full letter is available here.

Employer Contributions Exacerbate Pay Inequity in Two-Thirds of Plans

Implementing dollar caps alongside other plan automation features may help foster more equity in plan design, new Vanguard research shows.

Although employer matching formulas are designed to incentivize retirement savings, new research from Vanguard suggests that they often only have small effects on plan participation and employees’ saving, and can create a larger wealth and savings gap among workers. 

Vanguard’s data revealed that in two-thirds of plans, employer contributions exacerbate pay inequity, with 44% of dollars accruing to the top 20% of earners.  

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“What we’re trying to do is bring attention to these very precious dollars and think about who’s getting them and are they causing people to save more,” says Fiona Greig, global head of investor research and policy at Vanguard. “A lot of plan features kind of play a role in that, but right now they’re not necessarily promoting equity and they’re also not necessarily encouraging people to save more.” 

It is not surprising that a greater share of employer matching contributions goes toward the top earners, given that matching contributions are often awarded as a proportion of salary. For instance, a 50% match on 6% of pay will be a significantly higher amount for someone who makes $100,000 a year compared to someone who makes $50,000 a year. 

In addition, Vanguard found that earners in the top 20% receive an 11% larger share of employer contributions than workers’ benefit-eligible income, while those on the bottom of the pay scale receive a 29% smaller share of matching dollars than income. 

Greig, says after assessing the equity of the 10 most common match formulas, the only formula that appears to reduce inequity is a dollar cap.  

Dollar-cap formulas, used in only 4% of plans, allow for employer contributions subject to a dollar cap that is below the maximum contribution limits per statute. For example, a plan may offer a 10% match on 6% of pay, subject to a dollar cap of $6,000.  

“In these kinds of plans, you’re not limiting your contribution, as an employer, based on income level,” Greig explains. “[You’re] limiting it based on a dollar value that applies to everybody.” 

According to the research, the top earners in plans with dollar caps receive, on average, a 6% smaller share of employer contributions than compensation.  

Greig adds that a company’s match formula also interacts with other plan-design features, so creating a more “equitable plan design” requires plan sponsors to assess all the features they offer.  

The Vanguard data showed that the next most equitable match formula, after the dollar cap, was a 100% match on 1% and 50% match on 6%.  

“This isn’t the most generous formula, and it’s also two-tier, so it’s kind of confusing,” Greig says. “But what’s neat about this formula is that it’s a safe harbor design that requires auto enrollment.” 

Essentially, the auto enrollment feature causes everyone in the plan to participate and allows the majority of workers to benefit from some match, even if they are not completely maxing out at 6%.  

“There are a bunch of other plan features that we think play a role in determining who gets the match, [such as] auto enrollment, immediate eligibility, immediate vesting [and] setting the default contribution rate equal to the maximum match,” Greig says. 

However, Greig points out that if a plan sponsor turns all of these features on, it could drive up plan costs. She says a strategy for a sponsor could be to offer a dollar cap match, thereby spending less on matching contributions and helping to pay for some of the other features. According to the report, dollar caps cost the least out of all match formulas because they limit the extent to which the match subsidy flows to those with the highest earnings. 

If an employee contributes 10% of her salary to her 401(k) plan, for example, and the company match is set at 6% of pay, the match is not creating an incentive for this employee to increase her contribution rate because employee contributions above 6% will not earn additional matching dollars. It is also unlikely that this employee is choosing to contribute 10% because of the 6% match.  

Vanguard found that most employer dollars (59%) are allocated to employees who are contributing above the match cap, which Greig argues is not an efficient or equitable way to use employer dollars. 

For lower-income participants, many are not participating in the plan despite the match. Less than 20% of workers contribute exactly at the maximum match, Vanguard concluded. 

The report suggests that there may be a cost-neutral way for employers to achieve greater equity and savings by making the match formula generous for some, and using the savings to pay for interventions that ensure greater participation and savings for others. 

No single formula is a clear winner, Greig says, as every employer has different objectives and goals. Dollar caps, for example, could help create better pay equity, but a drawback is that they may limit high-income earners’ ability to maximize their tax benefits and may reduce their total compensation. 

Vanguard also points out that policymakers play a role in promoting equity and efficiency, as many common match formulas, including safe harbor designs, disproportionately benefit higher-income employees.  

“But even without any policy change, there’s a lot that employers can do to promote equity,” she says. “Plan design matters a lot and can be an equalizing force in terms of [leveling] the playing field, causing more lower-income workers to participate in saving in the plan and benefiting from the match.”  

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